Information and Resources: Lisa McGuire - Public Health Liaison

Lawsuits hurt public health, feds say

In court papers, the Bush administration argues that federal standards pre-empt requirements established by state judges and legislators.

BY ROBERT PEAR

New York Times

WASHINGTON - The Bush administration has been going to court to block lawsuits by consumers who say they have been injured by prescription drugs and medical devices.

The administration contends that consumers cannot recover damages for such injuries if the products have been approved by the Food and Drug Administration. In court papers, the Justice Department acknowledges that this position reflects a "change in governmental policy," and it has persuaded some judges to accept its arguments, most recently scoring a victory in the federal appeals court in Philadelphia.